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← 1 NY2D 152 - People v. Oliver

People v. Oliver’s Empirical Analysis

1956

Citation profile

153
cited by 153 later decisions
26
states following
March 2025
most recently cited

11 federal appellate · 3 district · 136 state decisions

How this case has been cited

Cited by 153 later decisions — most recently March 2025 · most notably 63 Cal. 2d 740 - In Re Estrada (1965), 54 Cal. 2d 9 - People v. Harmon (1960)

11 federal appellate · 3 district · 136 state decisions — followed in 26 states

42019561960197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Meltzer v. Koenigsberg · People Ex Rel. Hirschberg v. Orange County Court · People v. Roper · People v. Kelly · People v. Roper

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 153 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “This application of statutes reducing punishment accords with the best modern theories concerning the functions of punishment in criminal law. According to these theories, the punishment or treatment of criminal offenders is directed toward one or more of three ends: (1) to discourage and act as a deterrent upon future criminal activity, (2) to confine the offender so that he may not harm society and (3) to correct and rehabilitate the offender. There is no place in the scheme for punishment for its own sake, the product simply of vengeance or retribution. * * * A legislative mitigation of the penalty for a particular crime represents a legislative judgment that the lesser penalty or the different treatment is sufficient to meet the legitimate ends of the criminal law. Nothing is to be gained by imposing the more severe penalty after such a pronouncement; the excess in punishment can, by hypothesis, serve no purpose other than to satisfy a desire for vengeance. As to a mitigation of penalties, then, it is safe to assume, as the modern rule does, that it was the legislative design that the lighter penalty should be imposed in all cases that subsequently reach the courts.”
    4 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.